Fresh Express bagged salads and salad kits have been tied to Listeria, E. coli O157:H7 and Cyclospora illnesses in outbreaks and recalls since 2019. Several recalls followed, and the most recent was announced in October 2024.
One wrongful-death lawsuit, filed in July 2022 in Philadelphia County, alleges Listeria in Fresh Express baby spinach caused a stillbirth. It is an individual suit, and no class action or MDL has been filed.
If you ate recalled Fresh Express salad and feel ill, stop using any remaining product and call a healthcare provider right away.
- Case or litigation name: Individual wrongful-death lawsuit by Mecca Shabazz and Lateef Young over Listeria in baby spinach
- Defendants: Fresh Express, Chiquita Brands International (its parent) and the grocery store where the spinach was bought (named as The Fresh Grocer by the Inquirer)
- Court and docket number, when available: Court of Common Pleas of Philadelphia County; docket number not published
- MDL number, judge, and case count, when an MDL exists: No MDL
- Filing date: July 2022
- Main allegations: Alleged negligence, recklessness and carelessness by the defendants, causing a stillbirth from Listeria in Fresh Express baby spinach (alleged maternal-fetal listeriosis)
- Products or people involved: Fresh Express baby spinach bought at a Philadelphia grocery store and eaten in December 2021; Mecca Shabazz and Lateef Young, the parents
Table Of Contents
- Latest Fresh Express Salad Lawsuit Updates
- October 26, 2024: Fresh Express Recalls Caesar Salad Bowls
- February 8, 2024: Two Salad Kits Recalled
- August 3, 2022: Wrongful-Death Lawsuit Reported
- March 8, 2022: CDC Declares the Listeria Outbreak Over
- December 23, 2021: CDC Warns About Packaged Salads
- December 20, 2021: Streamwood Salads Recalled
- June 27, 2020: Precautionary Cyclospora Recall
- January 15, 2020: CDC Posts Final E. Coli Update
- What Is Listeria?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- What Are the Symptoms of Listeria in Pregnant People?
- When Did the Fresh Express Listeria Illnesses Begin?
- What Does the Research Say About Listeria in Packaged Salad?
- How Can I Check If My Fresh Express Salad Was Recalled?
- Can a Family Member File If a Loved One Died After Eating Contaminated Salad?
- References
Latest Fresh Express Salad Lawsuit Updates
October 26, 2024: Fresh Express Recalls Caesar Salad Bowls
Fresh Express announced a recall of a limited number of Gourmet Café Chicken Caesar Salad Bowls. The bowls contain chicken that supplier BrucePac recalled over possible Listeria monocytogenes [1].
The FDA notice says the vegetables are not affected. The bowls went to California, Louisiana, Texas and Washington. Package codes are S281, S282, S285 and S288.
February 8, 2024: Two Salad Kits Recalled
Fresh Express recalled two salad kits, Marketside Southwest Chopped Salad Kit and Salsa! Ensalada Salad Kit. Their condiment packs held cheese that Rizo-Lopez Foods recalled over possible Listeria [2].
FDA published it February 9, 2024. No illnesses had been reported. The Marketside kit is 10.3 oz with UPC 681131305129.
August 3, 2022: Wrongful-Death Lawsuit Reported
NBC News reported a wrongful-death lawsuit filed in Philadelphia County [3]. Mecca Shabazz and Lateef Young sued the grocery store, Fresh Express and its parent company. They allege Listeria in baby spinach caused a stillbirth.
March 8, 2022: CDC Declares the Listeria Outbreak Over
The CDC declared the Fresh Express Listeria outbreak over. The FDA outbreak page reports 10 illnesses, 10 hospitalizations and 1 death [4].
The cases were in Illinois, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania and Virginia. The FDA said the product was past expiration.
December 23, 2021: CDC Warns About Packaged Salads
The CDC said in a media statement that Fresh Express packaged salads may be contaminated with Listeria [5]. The CDC said Listeria infection during pregnancy can lead to miscarriage, stillbirth and premature delivery.
December 20, 2021: Streamwood Salads Recalled
Fresh Express recalled certain branded and private label salads from its Streamwood facility. The recall covers product codes Z324 through Z350, all Use-By Dates, over possible Listeria monocytogenes [6].
A random sample of 9 oz. Sweet Hearts salad mix tested positive for Listeria at the Michigan Department of Agriculture. The FDA put the recall online on December 27, 2021.
June 27, 2020: Precautionary Cyclospora Recall
Fresh Express issued a precautionary recall of salads with iceberg lettuce, red cabbage or carrots. They were made at its Streamwood facility, over a possible Cyclospora risk [7].
The notice cites the CDC reporting over 200 illnesses in an outbreak in primarily Midwest states. The FDA posted the notice on June 29, 2020.
January 15, 2020: CDC Posts Final E. Coli Update
The CDC posted its final update on an E. coli O157:H7 outbreak. It was linked to Fresh Express Sunflower Crisp chopped salad kits [8]. Ten people were ill in five states.
Four were hospitalized and one developed hemolytic uremic syndrome. No deaths were reported. Illnesses started November 5, 2019 to November 16, 2019.
What Is Listeria?
According to the CDC, Listeria are bacteria that can contaminate many foods, and people who eat those foods can get infected [9]. Listeria infection is rare, but serious.
It can be especially harmful for pregnant people, newborns, adults aged 65 or older and people with weakened immune systems. The lawsuit and three Fresh Express recalls concern Listeria.
Who May Be Affected?
You may be affected if you ate Fresh Express salad with product codes Z324 through Z350. It came from the Streamwood facility and was recalled on December 20, 2021. That recall included Sweet Hearts salad mix.
Earlier outbreaks involved Sunflower Crisp chopped salad kits with best-before dates up to December 7, 2019. They also involved Streamwood salads recalled on June 27, 2020.
A pregnancy loss or hospital stay after eating one of these products may merit legal review, as with other food poisoning lawsuits.
Reported Injuries or Damages
The lawsuit alleges that Mecca Shabazz, 25, ate Fresh Express baby spinach in a smoothie in December 2021. She went to the emergency department on December 15 and delivered a stillborn child.
According to the suit, an autopsy found the sole cause of death was maternal-fetal listeriosis. The plaintiffs’ attorney says the fetus was 30 weeks gestational age. The plaintiffs seek damages for personal injuries, pain and suffering, and wrongful death.
The plaintiffs’ firm says the recall included the baby spinach the mother ate, according to the Philadelphia Inquirer [10]. These are allegations, not findings.
Agency reports are separate from the allegations. The CDC calls Sunflower Crisp kits the likely source of the 2019 outbreak. Ill people were aged 21 to 91.
A kidney failure called hemolytic uremic syndrome developed in one person. The CDC says Listeria can also cause serious illness or death in newborns.
Recall and Regulatory Background
A recall alone does not establish liability. The Fresh Express Consumer Response Center takes refund calls at (800) 242-5472, 8 a.m. to 7 p.m. Eastern. For another recalled leafy green, see our romaine lettuce recall lawsuit page.
Evidence to Preserve
Keep these items if you became ill after eating Fresh Express salad:
- The product packaging, including the product code and the Use-By Date printed on it.
- The receipt, loyalty-card record or bank record that shows when and where you bought the salad.
- Photographs of the package and of any remaining salad, kept refrigerated or sealed as a health department directs.
- Medical records, test results and lab reports that name the infection you were diagnosed with.
- A written record of the dates your symptoms began, kept in one place with the other items.
- Messages and other communications with the store, the company or a health department about your illness.
Filing Deadlines
Filing deadlines exist and come from state law, so the time limit for a claim depends on where you live.
The limit also depends on when the illness, injury or death and its diagnosis happened. Some states start the clock at diagnosis.
If you miss the deadline, your claim may end, no matter how strong the facts are. Ask a lawyer promptly about the deadline that applies to you.
Frequently Asked Questions
What Are the Symptoms of Listeria in Pregnant People?
The symptoms of Listeria infection in pregnant people are usually fever, fatigue and muscle aches. Others may also have headache, stiff neck, confusion, loss of balance and convulsions. The CDC advises calling a healthcare provider right away after eating recalled salad.
When Did the Fresh Express Listeria Illnesses Begin?
The December 2021 recall notice says the CDC reported ten illnesses associated with the sample strain from 2016 to the present, so the Fresh Express Listeria illnesses date to 2016 at the earliest. The last illness began October 19, 2021.
What Does the Research Say About Listeria in Packaged Salad?
The research on Listeria in packaged salad includes an FDA and CDC outbreak investigation. It says whole genome sequencing of a Michigan Sweet Hearts sample matches the strain that caused illnesses in the outbreak.
How Can I Check If My Fresh Express Salad Was Recalled?
Check whether your Fresh Express salad was recalled by comparing the product code, UPC and Use-By Date on the package with the FDA notices. The Salsa! Ensalada kit recalled in 2024 has UPC 071279309026.
Can a Family Member File If a Loved One Died After Eating Contaminated Salad?
A family member may be able to file if a loved one died after eating contaminated salad, depending on state law and the facts. The 2022 suit over a stillbirth was brought by the child’s parents.
References
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-voluntarily-recalling-limited-number-gourmet-cafe-chicken-caesar-salad-bowls
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-issues-recall-limited-quantities-two-salad-kits-condiment-packs-containing-recalled
- https://www.nbcnews.com/news/us-news/woman-blames-listeria-contaminated-baby-spinach-stillbirth-rcna41383
- https://www.fda.gov/food/outbreaks-foodborne-illness/outbreak-investigation-listeria-monocytogenes-fresh-express-packaged-salad-december-2021
- https://archive.cdc.gov/www_cdc_gov/media/releases/2021/a1223-Listeria-Outbreak.html
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-announces-recall-fresh-salad-products-due-potential-health-risk
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-issues-precautionary-recall-products-containing-iceberg-red-cabbage-and-carrots
- https://archive.cdc.gov/www_cdc_gov/ecoli/2019/o157h7-12-19/index.html
- https://www.cdc.gov/listeria/about/index.html
- https://www.inquirer.com/news/philadelphia/philadelphia-lawsuit-baby-spinach-listeria-20220804.html